[HISTORY: Adopted by the Common Council of
the City of Kingston 12-5-2007 by L.L. No. 6-2007, approved 12-17-2007; amended in
its entirety 4-5-2011 by L.L. No. 4-2011, approved 4-9-2011. Subsequent
amendments noted where applicable.]
It is hereby determined that:
A.
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
F.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
G.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
I.
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 353-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of the SPDES general
permit for stormwater discharges from municipal separate stormwater
sewer systems (MS4s), Permit No. GP-0-10-002 or as amended or revised;
B.
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) general permit
for construction activities GP-0-10-001 or as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.
Minimize the volume of stormwater runoff which flows from any specific
site during and following development to the maximum extent practicable;
and
F.
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
G.
Establish provisions for the long-term responsibility for and maintenance of both structural and nonstructural stormwater control facilities and management practices to ensure that they continue to function as designed, are adequately maintained, and pose no threat to public safety (§ 353-10B and D).
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Common Council of the City of Kingston
has the authority to enact local laws and amend local laws and for
the purpose of promoting the health, safety or general welfare of
the City of Kingston and for the protection and enhancement of its
physical environment. The Common Council of the City of Kingston may
include in any such local law provisions for the appointment of any
municipal officer, employees, or independent contractor to effectuate,
administer and enforce such local law.
A.
This chapter shall be applicable to all land development activities as defined in this chapter, § 353-6.
B.
The municipality designates the City Engineer as the Stormwater Management
Officer, who shall accept and review all stormwater pollution prevention
plans. All plans must be prepared by a licensed professional and conform
to requirements of this chapter.
C.
All land development activities subject to review and approval by
the Planning Board of City of Kingston under subdivision, site plan,
and/or special permit regulations shall be reviewed by the City Engineer
subject to the standards contained in this chapter.
The following activities may be exempt from review under this
chapter.
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas and log haul roads
are subject to this chapter.
C.
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the City Engineer.
E.
Any part of a subdivision if a plat for the subdivision has been
approved by the City of Kingston on or before the effective date of
this chapter.
F.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life, property
or natural resources.
J.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
K.
Landscaping and horticultural activities in connection with an existing
structure.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meaning as set forth in this section.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
Shall be a Code Enforcement Officer of the City of Kingston
Building Department.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelts and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances and shall include, but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
The City Engineer is designated by the municipality to accept
and review stormwater pollution prevention plans, forward the plans
to the applicable municipal board and inspect stormwater management
practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan requirement. No application
for a land development activity (land disturbance of equal to or greater
than one acre) shall be approved until a stormwater pollution prevention
plan, prepared in accordance with this chapter, is submitted to the
City Engineer and deemed acceptable, in writing, by the City Engineer,
or until the City Engineer has confirmed the activity exempt from
this chapter.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)
Background information about the scope of the project, including
location, type and size of project.
(b)
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the
total site area; all improvements; areas of disturbance; areas that
will not be disturbed; existing vegetation; on-site and adjacent off-site
surface water(s); wetlands and drainage patterns that could be affected
by the construction activity; existing and final slopes; locations
of off-site material, waste, borrow or equipment storage areas; and
location(s) of the stormwater discharge(s);
(c)
Description of the soil(s) present at the site;
(d)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP. A
disturbance in excess of five acres shall require approval by the
New York State Department of Environmental Conservation.
(e)
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(f)
Description of construction and waste materials expected to
be stored on site with updates as appropriate, and a description of
controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project close-out;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(l)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(p)
Any existing data that describes the stormwater runoff at the
site.
(q)
Provide GPS (Global Positioning System) reference data for stormwater
outfalls and permanent structures built in accordance with the New
York State Stormwater Management Design Manual.
(2)
Land disturbance less than one acre. Land development activities
disturbing less than one acre may use Appendix E of the New York Standards
and Specifications for Erosion and Sediment Control, called "Erosion
and Sediment Control Plan for Small Homesite Control," to meet the
SWPPP requirement, unless the stormwater management officer requests
more detail.
(3)
Land disturbance activity that involves excavating, filling, or a
combination of excavation and filling in excess of 250 cubic yards
shall require an SWPPP.
(4)
Land development activities as defined in § 353-6 and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(5) below as applicable:
(a)
Condition A: stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department's 303(d) list of impaired waters or a total
maximum daily load (TMDL) designated watershed for which pollutants
in stormwater have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development activity
disturbing between one and five acres of land during the course of
the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
(5)
SWPPP requirements for Conditions A, B and C:
(b)
Description of each post-construction stormwater management
practice.
(c)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(e)
Comparison of post-development stormwater runoff conditions
with pre-development conditions.
(f)
Dimensions, material specifications and installation details
for each post-construction stormwater management practices.
(g)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice.
(h)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
C.
Plan certification. The SWPPP must be signed by the property owner, who shall certify that the design of all stormwater management practices meet the requirements and technical standards in this chapter. If the plan does not meet the technical standards listed in § 353-8, then a licensed professional must certify the plan. The licensed professional can be either a licensed engineer in New York, a registered landscape architect or a certified professional in erosion and sediment control (CPESC). The licensed professional and property owner must sign the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that false statements made herein are punishable as a Class A misdemeanor pursuant to § 210.45 of the Penal Law."
D.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify
under penalty of law that I understand and agree to comply with the
terms and conditions of the stormwater pollution prevention plan.
I also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
(2)
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
(3)
The certification statement(s) shall become part of the SWPPP for
the land development activity.
F.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter as follows:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York. Schedule A[1] provides a list of stormwater management practices and
alternate management practices acceptable for water quality.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
The DEC has identified a set of six practices which qualify
for stormwater credits. If these practices are implemented as described
in the document titled "The Use and Implementation of Stormwater Credits,"
they can result in a calculated reduction in the water quality treatment
volume, and occasionally in the water quantity storage volumes, required
for the projects subject to a full SWPPP.
B.
These practices must be implemented as described in "The Use and
Implementation of Stormwater Credits."
C.
These practices must be reviewed and approved by the City of Kingston
before the credits can be taken.
D.
DEC's procedure for application of these credits is currently
evolving. Projects making use of credits may require a sixty-day review
by DEC and/or a letter from the City of Kingston certifying that the
credit has been applied correctly.
E.
Applicants should make use of these credits wherever site conditions
permit.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development activity shall
at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed
or used by the applicant or developer to achieve compliance with the
conditions of this chapter. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(2)
The applicant or developer or their representative shall be on site
at all times when construction or grading activity takes place and
shall inspect and document the effectiveness of all erosion and sediment
control practices. Inspection reports shall be completed every seven
days and within 24 hours of any storm event producing 0.5 inch of
precipitation or more. The reports shall be maintained and stored
at the project site and copies made available to stormwater management
officer upon request.
B.
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the City of
Kingston to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this chapter. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the counsel for the
City of Kingston.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall operate and maintain the stormwater management practices
to achieve the goals of this chapter. Proper operation and maintenance
also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this chapter.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
D.
Maintenance agreements. The City of Kingston may require a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The City of Kingston, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided that such facility meets
all the requirements of this chapter and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
A.
Erosion and sediment control inspection.
(1)
The City of Kingston Engineer may require such inspections as necessary
to determine compliance with this chapter and may either approve that
portion of the work completed or notify the applicant wherein the
work fails to comply with the requirements of this chapter and the
stormwater pollution prevention plan (SWPPP) as approved. To obtain
inspections, the applicant shall notify the City of Kingston enforcement
official at least 48 hours before any of the following as required
by the stormwater management officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the City Engineer.
B.
Stormwater management practice inspections. The City of Kingston
Engineer is responsible for conducting inspections of stormwater management
practices (SMPs). All applicants pre required to submit as-built plans
for any stormwater management practices located on site after final
construction is completed. The plan must show the final design specifications
for all stormwater management facilities and must be certified by
a professional engineer.
C.
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including but
not limited to routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher-than-typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher-than-usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
D.
Submission of reports. The City of Kingston Engineer may require
monitoring and reporting from entities subject to this chapter as
are necessary to determine compliance with this chapter.
E.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the City of Kingston the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
[Added 7-5-2011 by L.L. No. 9-2011, approved 7-27-2011]
A.
All
newly constructed impervious surfaces, including adjacent impacted
surfaces, shall be regulated such that stormwater runoff generated
by said improvements shall not exceed previously existing conditions.
Differential runoff generated as a result of site improvements shall
be detained on site by suitable means approved by the Kingston Building
Department for a period of not less than 24 hours.
B.
For
differential runoff as a result of the ten-year three-hour storm event
from an improved typical City lot (5,000 square feet) with 60% impervious
cover amounts to 4,000 gallons, deviations from the baseline improvement
shall be regulated on a proportionate basis.
D.
New
porous pavement shall be provided a fifty-percent impervious surface
credit.
E.
This
provision shall be enforced by the City of Kingston Building Department.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
A.
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the City of Kingston in
its approval of the stormwater pollution prevention plan, the City
of Kingston may require the applicant or developer to provide, prior
to construction, a performance bond, cash escrow, or irrevocable letter
of credit from an appropriate financial or surety institution which
guarantees satisfactory completion of the project and names the City
of Kingston as the beneficiary. The security shall be in an amount
to be determined by the City of Kingston based on submission of final
design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the City of Kingston, provided that
such period shall not be less than one year from the date of final
acceptance or such other certification that the facility(ies) have
been constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the facilities
have been found to be acceptable to the City of Kingston. Per annum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the City of Kingston with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the City of Kingston
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Recordkeeping. The City of Kingston may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the City of Kingston determines that a
land development activity is not being carried out in accordance with
the requirements of this chapter, it may issue a written notice of
violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring the land
development activity into compliance with this chapter and a time
schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation.
B.
Stop-work orders. The City of Kingston may issue a stop-work order
for violations of this chapter. Persons receiving a stop-work order
shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the City of Kingston
confirms that the land development activity is in compliance and the
violation has been satisfactorily addressed. Failure to address a
stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this chapter.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
E.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who is convicted of violating the provisions
of this chapter shall be guilty of a violation punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors, and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
F.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, the Code Enforcement Officer of the Building Department may
prevent the occupancy of said building or land.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
G.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the City of Kingston
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The City of Kingston may require any person undertaking land
development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the City of Kingston or performed by a third
party for the City of Kingston. These fees shall be determined by
the Common Council of the City of Kingston, by resolution, which may
be revised by it as it is deemed necessary, from time to time.
